[Ord. No. 261 § 1; Ord. No. 384 § 1]
The purpose of this chapter is to provide for the establishment of a fee schedule for the payment of fees with respect to all applications submitted to the Borough pursuant to Borough Development Regulations.
[Ord. No. 261 § 2; Ord. No. 384 § 2]
Required Fees and Escrow Amounts. The following list of applications must be accompanied, at the time of submission of the application by the fees and escrow amounts set forth in Schedule A below. These fees and escrow amounts shall consist of the sum of the following:
In Column A, an Administrative Fee which is charged to the applicant to cover the costs associated with the clerical processing and filing of the application, which fee shall be nonrefundable; and
In Column B, a Professional Review Escrow Account, maintained by the Municipal Chief Financial Officer or designee. The deposit required of the applicant and deposited into the Professional Review Escrow Account shall cover the costs associated with the required review of the application by the Planning Board's Engineer, Planner or Attorney, and review by outside consultants when an application is of a nature beyond the scope of the expertise of the professional normally utilized by the Borough.
Initial Escrow Deposits. All required initial escrow deposits shall be made at the time of a filing of an application. No meeting or hearing with the applicant shall be held by a Board until all escrow funds and required fees have been deposited in accordance with this section. All deposits of escrow funds shall be made to the Borough Land Use Officer or designee.
Additional Escrow Funds. Additional escrow funds may be required of the applicant when the escrow has been depleted to 25% of the original escrow amount. The Treasurer shall notify the Chief Financial Officer when the escrow funds have been depleted in the aforementioned amount. The Chief Financial Officer or designee shall provide the applicant with a notice of insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall, within a 21 day period from date of notification period, post a deposit to the account in an amount to be agreed upon by the Borough and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.
Procedure for Deposit of Escrow Funds. Deposits received from any developer pursuant to this section shall be deposited in a banking institution or savings and loan association in this State insured by an agency of the Federal government, or in any other fund or depository approved for such deposits by the State, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The Borough shall notify the applicant in writing of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. The Borough shall not be required to refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100, that entire amount shall belong to the developer and shall be refunded to him by the Borough annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be; except that the Borough may retain for administrative expenses a sum equivalent to not more than thirty-three and one third (33 1/3%) percent of that entire amount, which shall be in lieu of all administrative and custodial expenses pertaining to the escrow account.
Payments of Escrow to Professionals. The Chief Financial Officer or designee of the Borough shall make all of the payments to professionals for services rendered to the Borough for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. Such fees or charges shall be based upon a schedule established by resolution or resolutions as adopted by the Borough Council for professional services.
Escrow Account. Escrow account deposits shall be placed in an interest-bearing account and the same shall be administered in accordance with the requirements of N.J.S.A. 40:55D-53.1.
All disbursements to consulting professionals, Borough consulting professionals and Borough employed professionals for services involved in processing an application which requires escrow account deposits shall be charged against the escrow account.
Statement of Escrow Funds to Applicants. The Chief Financial Officer or designee shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements, and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis, if monthly charges are $1,000 or less, or on a monthly basis, if monthly charges exceed $1,000.
Voucher Required for Payment. Each payment charged to the deposit for review of the application, review and preparation of documents and inspection of improvements shall be pursuant to a voucher from the professional. Said voucher shall identify the personnel performing the service, the date, the services performed, the hours spent to one-quarter hour increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the Chief Financial Officer of the Borough on a monthly basis in accordance with schedules and procedure established by the Chief Financial Officer of the Borough or designee.
Limits of Application Review and Inspection Charges. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of developments under construction and review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the Borough.
Permitted Additional Charges. The only costs that shall be added to any such charges shall be actual out-of-pocket expenses of any such professional or consultants including normal and typical expenses incurred in processing applications and inspection improvements. The Borough shall not bill the applicant, or charge an escrow account or deposit, for any Borough clerical or administrative functions, overhead expenses, meeting room charges, or any other costs and expenses, except as provided for in this section, nor shall a Borough professional add any such charges to his bill.
Revenues Not Permitted. A professional shall not review items which are subject to approval by any State agency and not under municipal jurisdiction except to the extent that consultation with a State agency is necessary due to the effect of State approval on the subdivision or site plan.
Charges to be Reasonable and Necessary. All professional charges for review of an application for development, review and preparation of documents, or inspection of improvements shall be reasonable and necessary, given the status and progress of the application or construction. Review fees shall be charged only in connection with an application for development presently pending before the approving authority or upon review of compliance with conditions of approval, or review of requests for modifications or amendment made by the applicant.
Fees for Meetings.
Special Professional Meeting. Any applicant for development may request that a special meeting be scheduled between the applicant and its professionals and the Board's Planner, Engineer and Attorney. Such meeting shall be scheduled upon request of the applicant and at the discretion of the Chairperson or Board Attorney. If the request is directed to the Board Attorney, the Attorney shall notify the Chairperson, in writing, of the scheduled time and place of the meeting. The applicant shall post $750 for such a meeting, which Professional Review Escrow Amount shall provide for a meeting of one hour and shall be deemed to include, for purposes of calculating the time of the Board's professionals, 1/2 hour of preparation time and 1/2 hour of post meeting time. Said Professional Review Escrow Amount shall be posted by the applicant prior to or at the commencement of the meeting.
Special Planning Board Meeting. Any applicant may request that a special meeting of the Board be scheduled and devoted exclusively to a single application. Such meeting shall be scheduled upon request of the applicant and at the discretion of either the Board Chairperson or his/her designee. Such special meeting shall be of no more than a three hour duration. The time of the Board's professionals requested to prepare for and follow-up after such special meeting shall be charged against such Professional Review Escrow Account. The Professional Review Escrow Amount for such a meeting shall be $2,000. The Professional Review Escrow Amount shall be posted by the applicant prior to or at the commencement of the special meeting. If such a meeting shall, by agreement of the Board and the applicant, extend beyond the three hour meeting time allotted, the applicant shall deposit any additional funds into the Professional Review Escrow Account which may be required to cover the costs of the additional time expended by the Board's professionals for such an extended meeting. All such additional amounts shall be paid by the applicant promptly after the meeting.
Where an application for development includes several approval requests, the sum of the individual required fees shall be paid, except that there shall be no cumulative fees charged to an applicant for individual bulk variances which may be part of a "d" variance application.
Waiver and Remission of Fees.
Fees may be waived only as permitted by Statute.
The fees set forth in the aforesaid schedules are exclusive of any charges which may be required by the Borough to cover the costs of the furnishing of copies of ordinances, list of property owners, or transcripts, or the inspection of buildings or improvements in conjunction with the issuance of construction permits or Certificates of Occupancy which fees are established in other Ordinances or New Jersey Statutes.